I took a job for an ad agency for a poster and storyboard. I qualified for the job by doing a painting of one of the characters that the agency specified.

I signed a contract for the job, and a non-discosure agreement. I completed the poster, emiling them updates as it progressed. As it was almost done they expressed an interest in having me do a version with the characters cut and pasted into a photo background. I replied with an 'ok, but it'll cost extra'. I have not heard from them since. Y=This was right before it was agreed I would get a deposit. I have received no money. Yes, oops! But, wha can I say... I got into it. And they gave me faith that though they were an 'up-and-coming' agency (two guys with a hollywood blvd office), they were good for the piddling amount I contracted for. (which worked out to less than $10 hr for the poster, and the storyboard was to be nicluded).

My question is, can I post the poster I painted for them on the internet in this forum as a work of art? Or, woould that be a violation of the non-disclosure? (It is the characters in a setting wth the end client's product. Thay are animals which would not normally be associated with that product. So, the image does give the use of the characters in association with that product away... which is their campaign.)

However... I have not been paid jack, and I'm thinking they went ahead and used one of the jpegs I emailed of the in-progress work for the poster for their pitch... I'm sure that though it was lo-res, it was good enough for a 'comp'.

I'm at the place of not caring for the money, I just want to use the image for portfolio purposes. To post it freely on the internet as my work. Can I?

(I will gladly email a copy of the poster if an advisor thinks quality has bearing. I spent close to 70 hours on it; involving changes)

arlene

07-27-2003, 02:29 AM

how about writing them a letter stating that you haven't been paid and if you don't hear from them within a week, you'll be happy to turn it over to your lawyer...or if you're close enough to them, that you'll be happy to see them in small claims court...

that's assuming they signed the contract too.

Lady Rando

07-27-2003, 07:25 AM

Originally posted by arlene
how about writing them a letter stating that you haven't been paid and if you don't hear from them within a week, you'll be happy to turn it over to your lawyer...or if you're close enough to them, that you'll be happy to see them in small claims court...

that's assuming they signed the contract too.

I agree with Arlene. Let them know you expect to be paid for the work you've done so far or they will be meeting your lawyer very soon.

kbilltv

07-28-2003, 08:37 PM

Yes, we all signed the contract. But I'd hate to go to court... and it's moot now anyway.

The good news is that writing this thread sparked the universe... or something... they contacted me yesterday, with excuses, and are ready to pay and proceed.

I still wonder about the copyright vs. work for hire vs. non-disclosure as would apply to a situation like this, avoiding court, if any sharp legal mind out there has the answer.

Thanks yous!

Paintbrush74

08-07-2003, 01:00 AM

I've just been reading some articles on a site that was posted by another Wetcanvaser (sorry, can't remember who).

You may find this link helpful:

http://www.jjkaufman.com/articles/Copyrightinusa.htm

Read carefully the part under "Work for Hire." You may be free of that, unless it was provided for in the contract.

jmh

08-15-2003, 04:46 PM

I would think that since they were (were soon to be?) in breach of contract, then that contract and its non-disclosure act would no longer apply to you.